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If sex offenses dont get pardoned how else can this be done in California? Atleast to get off of Megan's list.

San Diego, CA |

My husband was first convicted when he was18yrs old ( 1995) for sexual battery, he lived with her and her parents and they knew the relationship between their daughter and him. They pressed charges on him because he didnt meet his financial obligations. He was again convicted 3 years later (1998) of unlawfull sex with a minor exceeding 4 years. She lied about her age and she got pregnant. When she told her parents they pressed charges on him. Him and i got married last year and have his 2 younger children that we are raising. I have been supporting our family the last 2 years and now that the kids are in school him getting a job becuase of this stupid registration thing isnt happening. This should not be a blanket law. It's ruining him. He's not a molester for christ sakes.

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Attorney answers 6

Posted

In California, it is very difficult to relieve someone of the requirement to register as a sex offender. You should speak with a criminal defense attorney who specializes in sex offender laws and regulations. Make sure whomever you speak with knows the subject matter. Most criminal defense attorneys don't know how to navigate these waters. Whomever you hire, and if this is something he really wants you are going to have get an attorney, make sure they consult with the San Diego County Public Defender's Office. The absolute best sex offender criminal defense minds in San Diego are in that office. Whomever you hire will know who they are. One in particular helped me out with this exact issue for a former client.

Good Luck!

Leighton D'Antoni
Attorney at Law

Law Offices of Leighton D'Antoni
Founders Square
900 Jackson St. Suite 750
Dallas, TX 75202
(214) 960-9360 (phone)
(214) 666-3901 (fax)
DANTONILAW.COM

*licensed to practice law in the States of Texas and California

Posted

Don't listen to FL attorney's posting about CA's sex laws because unless they alsopractice here they don't know squat.

If you want to apply for exclusion from the Megan's Law internet list go to this site to see if you qualify: http://www.meganslaw.ca.gov/pdf/Application.pdf. If you do submit the form and hold your breath.

You can also get off with a certificate of rehabilitation or a governor's pardon but as to the latter I guess you already know that is next to impossible.

Asker

Posted

He doesnt qualify for the cerificate of rehabilitation because he has been convicted twice. As for the exclusion from megans law. That would be great and that is our next thing on the list of things to do but even with that it wont keep from having to reg. The reg is what is showing on job background checks and thats what we DONT want showing up. Even though is just shows as a registry employers consider it as a conviction. I have done lots of homework on this matter because im so tired of everyone thinking my husband is a chester. We are still going to try for the pardon regardless becasue you never know unless you try right?

Asker

Posted

FYI thank you for your help. We got him off of Megan's List. :)

John M. Kaman

John M. Kaman

Posted

Congratulations!

Posted

There are only a few offenses where there is any possibility of getting off of Megan's List. So, the first thing you need to know is exactly what offenses he was convicted of to find out if it is even possible at all.

Another route he should look into is applying for a Certificate of Rehabilitation, which is available to some sex offenders, depending on what the offense was. If eligible a Certificate of Rehabilitation relieves some sex offenders of the duty to register.

Asker

Posted

Well i submitted the application off of the meganslaw website and we got a letter in the mail a couple weeks ago that he has been removed and he can no longer be searched ( Im happy i was able to accomplish something). However we are gonna take our time but we want him to be exempt from registering period.

Posted

I agree with Mr. D'Antoni. Best bet is to contact the San Diego Public Defender and/or a locally experienced criminal defense attorney with first hand experience in dealing with such petitions.

Good Luck!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

Asker

Posted

I contacted an attorney who is located in LA and VERY pricey but he specializes in sex crimes. Im still shopping around but im not going to obtain an attny and go into it blind i want to know everything there is to know about the prossess as well as understanding what we are up against. I dont want some shmuck to feed me ( sorry for the language) bullshit so to make money. I want someone who actually cares about the reasoning for the pardon, rehabilitation, ect... and who really believes that my husband deserves this request.

Posted

Some sex offenders who are currently listed on the Megan's Law website may petition to have their name and address removed if they received probation for any one of the following offenses:

1. Sexual Battery by Restraint (Penal Code section 243.4(a));

2. Misdemeanor Child Molestation (Penal Code section 647.6 (formerly Penal Code section 647a)); or

3. Any sex offense in which the victim was related to the sex offender and the sexual act involved neither penetration nor oral copulation.

Nevertheless, sex offenders who are successfully removed from the Megan's Law website must still register as sex offenders with their local law enforcement agency.

As of January 1, 2012, a registered sex offender cannot be removed from the Megan's Law website unless a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) deems the individual a "risk level of low or moderate-low."

Asker

Posted

How do we get a SARATSO??? he was conviced of sexual battery. That removes him from Megans list but do you have any suggestions on excluding him from the reg.??? I guarantee im about to go all in on this matter and I may not get very far but people are going to know I am.

Posted

The short is answer is yes, it is possible, but extremely difficult. You should consult with an attorney knowledgeable in this area (and believe me, not all criminal defense lawyers are) to find out if it is even a possibility.

SLG Criminal Law Group
515 South Flower Street
36th Floor
Los Angeles, CA 90071
213-236-3660

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